Article 1: Scope and Enforceability of General Sales Terms
1.1. The present general sales terms govern the relationship between the limited company Mary S.A./N.V., headquartered at 1083 Ganshoren, Avenue de Rusatira 12, hereafter referred to as “Seller,” on one hand, and the natural person or legal entity that places a remote order (by ordering online at http://www.mary.be), on the person or entity’s own behalf or on behalf of a third party, for either business or private purposes, hereafter referred to as “Customer,” on the other. The present general sales terms are made known to all Customers to allow them to place orders.
1.2. All orders on www.mary.be originating with the Customer, as well as all deliveries made by the Seller, assume the Customer’s complete and unqualified knowledge of and adherence to the present general sales terms, without such acknowledgement being conditional on the Customer’s handwritten signature, and to the exclusion of all other documents, such as the Customer’s own general terms, or any prospectus, catalog, etc., which are only provided for reference.
1.3. The Seller’s verification of the order form constitutes an electronic signature which shall have, between the given parties, the same value as a handwritten signature and serve as proof that the Customer’s order is complete and the amount due in execution of said order may be charged.
1.4. The parties explicitly agree that the present general terms shall apply to their business relationship, subject to any waivers that they explicitly agree to in writing. An explicit waiver of any one of the general or specific terms does not entail any denial of the applicability of the other general or specific provisions. Thus, in the absence of explicit acknowledgement, any counterprovision suggested by the Customer shall not be enforceable with respect to the Seller, regardless of when the latter may have been made aware thereof.
1.5. The present general terms shall apply even if the Customer does not receive them in his or her native language.
1.6. The Seller reserves the right to change its general terms without personally informing the Customer and without the latter having recourse to any compensation. It is therefore the Customer’s responsibility to periodically verify whether any changes have been made. It has been stipulated that the Customer may save or print the present general sales terms, provided that he or she does not amend them.
Article 2: Order Intake and Confirmation
2.1. Anyone age 18 and up may place an order. The Customer shall fill out the order form accurately and fill in the various fields (address, delivery address, payment method).
2.2. Each order request is submitted to the Seller for acceptance. The Seller reserves the right to reject any order due to insufficient inventory, incomplete customer information, or for any other reason allowed by law. We shall inform you within two (2) business days following your order if we have any problems filling your order.
2.3. Since the products offered by the Seller on the site www.mary.be are food items that may be perishable or expire quickly, the Customer shall not enjoy the usual right to cancel the order within 7 days.
Article 3: Price
3.1. The prices for various products are shown in Euros (€), with all taxes included. The prices shown do not include shipping costs. The Seller reserves the right to change prices at any time.
3.2. The delivery costs are specified separately during the ordering process, and must also be paid for at the time of the order. In the order confirmation, the total amount constitutes the definitive price, reflecting all included taxes and fees. The shipping rates depend on the destination, as well as the package weight and volume. They include the cost of preparing the shipment and the shipping expenses themselves. For additional information on these rates, you can contact us at [email protected].
3.3. Customs duties: all orders placed on the www.mary.be website and delivered outside of Belgium may be subject to additional taxes and customs duties collected when the package arrives at its destination. These customs duties and additional taxes associated with the delivery of an item shall be covered exclusively by the Customer and are the latter’s responsibility. The Seller is not obligated to verify or inform the Customer of applicable customs duties and taxes. The Seller recommends that Customers contact the competent authorities in their respective countries to find out about such charges.
Article 4: Methods and Proof of Payment
4.1. Payment shall be made online using the following payment methods: BANCONTACT, MASTERCARD, VISA. Once the payment is verified, the Customer will receive an email confirmation that payment was received, sent to the email given in the order form.
4.2. Invoicing shall be done in Euros, subject to the 6% Belgian value-added tax (VAT). The total charged to the credit card used will depend on the Euro exchange rate as of the charge date and any exchange fees charged by the bank that issued the card.
4.3. To be accepted and confirmed, the order must be paid for in full. Unpaid orders will be recorded, but cannot be delivered. Once the debit authorization is sent by the payment verification and validation organization, the order confirmation will be initiated, meaning the Seller will send a confirmation email and the Customer will be charged. The Seller reserves the right to suspend fulfillment of any order in the event of non-payment or if authorization for the credit card payment is refused by accredited bodies. If necessary, the Seller may consider the sale void.
4.4. When handling your payment transactions on www.mary.be, INGENICO employs the highest market standards for security, such as the SSL encryption protocol, which automatically verifies access rights during credit card payments and encrypts all interactions to ensure privacy.
Article 5: Order Processing and Delivery
5.1. Orders are processed Monday through Friday, except holidays. Packages are shipped from Belgium within 1-15 days of when the order is paid, except under force-majeure circumstances.
5.2. The Seller shall not be held responsible for, among other things, impediment or delay in fulfilling its obligations toward the Customer, if such impediment or delay is the result of circumstances outside of its reasonable control, including, but not limited to, natural disasters, explosions, floods, war or civil disorder, inability to obtain supplies, strikes, union actions or stoppages, or other force-majeure events as typically defined by the court.
5.3. The delivery date is provided for reference purposes only. Failure to deliver by that date shall in no event authorize the Customer to claim any compensation or interest payments, or to cancel the order.
5.4. Products purchased on www.mary.be will be delivered to the delivery address indicated by the Customer. The Seller shall not be responsible for the consequences of errors made by the Customer once it has accepted the order (see Article 2, clause 2.1).
Article 6: Claims
6.1. Upon receipt of the products, the Customer must ensure that the delivery matches the corresponding order. Any damage must be recorded in specific, dated and signed notes on the delivery slip.
6.2. Any claim must be made in writing within forty-eight (48) hours after receiving the order:
- By registered mail: Mary S.A./N.V. - 12, avenue de Rusatira - 1083 Bruxelles - BELGIQUE
- By email, via the form on the “Contact” page or directly to [email protected]
6.3. Such claim must be justified and accompanied by proof of the damage (transport letter, photo of package received, etc.). After the Seller reviews and accepts the claim, a form of compensation will be offered to the Client (compensation of shipping costs, etc.).
6.4. In the absence of an out-of-court settlement, any litigation concerning sales governed by the present general terms shall be referred either to the court for the defendant’s place of residence or, at the claimant’s request, to the court having jurisdiction over the location to which the products were actually delivered.
Article 7: Availability
Offers made are subject to product availability. If a product is unavailable after an order has been placed, the Seller shall inform the Customer as soon as possible via phone or email and offer another product of equal price.
Article 8: Intellectual Property
The modification, copying, dissemination, transfer, reproduction, or publication of any data or material found at www.mary.be is prohibited, as is its use in derivative works. All drawings, trademarks, illustrations, images, or emblems that appear at www.mary.be or on the Seller’s products, accessories, or packaging are covered by intellectual property rights and remain the Seller’s exclusive property. Their reproduction, in whole or in part, for whatever reason or purpose, is strictly prohibited.
Article 9: Limitation of Liability
9.1. The products offered adhere to current Belgian and European law. The Seller may not be held liable insofar as it fulfills its obligations in adherence to the provisions of those statutes.
9.2. The Seller shall not be in any way liable for consequential damage due to this document, such as, but not limited to, operating loss; lost profit, opportunity, output, business, or clients; reputational damage; damages; or expenses.
9.3 The Seller is not responsible for interruptions to the availability or access to the www.mary.be website, for disruptions arising from the computer system, or for viruses or other nuisances that may arise from using the www.mary.be website.
9.4. The Seller cannot be held responsible for failing to meet deadlines, no matter what they may be, as it is a given that deadlines are given for reference purposes only and do not constitute a definite obligation on the part of the Seller, or for any other damage it may cause through fault or negligence, even in the event of gross misconduct. Any injury or other harm that could not have been foreseen by either of the parties as of the conclusion of the Sales contract is excluded from compensation.
9.5. In no event shall the Seller’s total liability exceed the purchase price of the product in question.
Article 10: Ownership and Risk
The Seller retains complete ownership over products sold until the Customer pays all amounts due for the order in full. Furthermore, the Seller reserves the right to demand that goods be returned if necessary. The Customer assumes all risk once the delivery is complete.
Article 11: Privacy Protection
11.1. Filling in vital data (first name, last name, full address, email) is necessary to ensure careful, quality oversight of the Customer’s order. These data are treated with strict confidentiality, saved on a secured server, and immediately encrypted.
11.2. The Seller shall not disclose the data provided by its Customers to third parties. Such data shall only be used for internal operations (including, but not limited to order processing, invoicing, service, solvency, and personalized marketing or advertising). They may, however, be communicated to organizations contractually linked to the Seller, to be used in the marketing activities of such organizations.
11.3. In accordance with the principles of the December 8, 1992, law on protecting privacy as concerns processing personal data, Customers who have placed an order at www.mary.be may at any moment request to view, correct, or delete the personal data about them that the Seller has saved by emailing
[email protected] or sending a letter to the address specified in Article 1.1 of the present General Terms.
Article 12: Applicable Law
Disputes relating to the conclusion, validity, interpretation, or execution of the contract or the present General Terms shall be governed exclusively by Belgian law and fall within the exclusive competence of the courts in Brussels, subject to the consumer’s right to bring the suit to a judge who has competence over the case on the basis of a mandatory legal provision. All the parties shall accept electronic evidence regarding their relationship (such as email messages, backups, etc.).
These General Terms were published in June 2017.